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PC Res 4511RESOLUTION NO. 4511 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2019-20) TO ALLOW FOR THE CONSTRUCTION OF A 3,477 SQ. FT. SINGLE -STORY SINGLE- FAMILY RESIDENCE WITH A 647 SQ. FT. ATTACHED GARAGE ON PROPERTY LOCATED AT 804 EMORY AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number(s) PLN2019-20: 1. The project site is zoned R-1-16 (Single Family Residential) on the City of Campbell Zoning Map and within the boundaries of the San Tomas Area Neighborhood Plan (STANP). 2. The project site is designated Low Density Residential (less than 3.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The project site is an approximately 19,087 square -foot property located on the east side of Emory Avenue between Waldo Road and W. Sunnyoaks Avenue. 4. The project site is currently developed with a 996 sq. ft. single -story single-family residence, 224 sq. ft. attached garage and 74 sq. ft. storage shed that are proposed to be demolished. 5. The proposed project would allow for the construction of a 3,477 sq. ft. single -story single-family residence with a 647 sq. ft. detached garage. 6. The San Tomas Area Neighborhood Plan requires one tree per 2,000 sq. ft. of lot area. 7. For the subject property, which is approximately 19,087 square -feet, the project is required to provide at least 10 trees. 8. The applicant has proposed to. plant twelve _(12) trees where a minimum, of ten (10) trees is required. 9. The proposed project will result in a Building Coverage (Lot Coverage) of 35% and a Floor Area Ratio (FAR) of 22%, where a maximum 35% Building Coverage (Lot Coverage) and 45% Floor Area Ratio are allowed in the R-1-16 Zoning District within the San Tomas Area. Planning Commission Resolution No. 4511 Page 2 of 3 804 Emory Avenue Site & Architectural Review (PLN2019-20) 10. The proposed project will provide 'two covered parking spaces in an attached garage, satisfying the applicable_ parking, requirement to provide two parking spaces (at least 1 covered). r 11.The proposed project will be compatible with the R-1-16 (Single Family Residential) Zone District with approval of a Site and Architectural Review Permit. 12.The project is compatible with the architecture of the adjacent neighborhood in.that the project incorporates representative architectural features of homes in the San Tomas Area including hipped roofs and simple rectangular shaped forms. 13.The proposal is consistent with the City adopted San Tomas Area Neighborhood Plan (STANP). 14. The proposal is consistent with the Considerations in Review of Applications (CMC21.42.040) subject to Site and Architectural Review. 15. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 16.The project may be found Categorically Exempt under Section 15303 of the California Quality Act (CEQA), pertaining to the construction of single-family dwellings. Based upon the foregoing findings of fact the Planning Commission further finds and concludes that: Site and Architectural Review Permit Findings (CMC Section 21.42.060): 1. The project will be consistent with the General Plan; 2. The project will aid in the harmonious development of the immediate area; 3. The project is consistent with applicable adopted design 'guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); and Environmental Finding(s): 4. This project is Categorically. Exempt under Section 15303 of the California Environmental Quality Act (CEQA), pertaining to the construction of single-family dwellings. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Site and Architectural Review. Permit (PLN2019-20) to allow for the construction of a 3,477 sq. ft. single -story single-family residence with a 647 sq. ft. attached garage on property Planning Commission Resolution No. 4511 Page 3 of 3 804 Emory Avenue Site & Architectural Review (PLN2019-20) located at 804 -Emory Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11th day of June, 2019, by the following roll call vote: AYES: Commissioners.: Ching, Hines, Krey and Rivlin NOES: Commissioners: Rich and Ostrowski ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: ATTEST: Paul Kermoyan, Secretary 0 Exhibit A CONDITIONS OF APPROVAL Site & Architectural Review Permit (PLN2019-20) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or. Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the. item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: Approved Project: Approval is granted for a Site and Architectural Review Permit (PLN2019-20) to allow for the construction of a 3,477 sq. ft. single -story single-family residence with a 647 sq. ft. attached garage ' on property located at 804 Emory Avenue. The project shall substantially conform to the Project Plans stamped as received by the Community Development Department on May 24, 2019 except as may be modified by the Planning Commission, the Community Development Director, and/or as conditioned herein. 2. Permit Expiration: The Site and Architectural Review Permit approval shall be -valid for one-year from the date of final approval (expiring June 21, 2020). Within this one-year period, an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Site and Architectural Review Permit being rendered void. 3. Siberian Elm Trees: In the event one or both of the Siberian elm trees are removed from the front yard, they shall be replaced at a one -for -one basis with a 24-inch box tree of a protected species in the front yard. The exact placement of the replacement trees shall be to the, satisfaction of the Community Development Director. The replacement trees, regardless of diameter, shall be considered protected and require approval of a permit to remove. 4. Plan Revisions: The 'construction 'plans submitted for building permits shall incorporate the following revisions: a. Trees: The applicant shall provide at least twelve (12) trees on the property. The tree species and spacing shall be to the satisfaction of the Community Development Director. Further, the species shall be revised from "Laurel' where noted on the plans, to a tree species acceptable to the Community Development Director. b. , Automatic Fire Sprinkler System: Revise the Project Data on Sheet A1.0 to state _that an automatic.fire sprinkler system will be provided and installed per NFPA 13D 2016 edition standard. Exhibit A - Conditions of Approval Page 2 of 8 804 Emory Avenue Site & Architectural Review (PLN2019-20) 5. Planning Final Required: Planning Division clearance is required prior to final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be. approved without prior authorization of the necessary approving body. 6. Rough Framinq/Planning Final Required: Rough framing and final inspection by the Planning Department is required prior to final Building Permit issuance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 7. Minor Modifications: Minor Modifications to the approved project plans are subject to review and approval by the Community Development Director. Minor modifications may include alterations in floor area of no more than 50 square feet on the first floor (except for PD permits where additional floor area is considered a major modification), alterations to second story windows that are not oriented toward neighboring yards and result in an increase in window area of no more than one square foot and horizontal relocation of no more than one foot from the approved window location, an increase or decrease in building height of less than one foot, and minor alterations to fagade material provided that all development standards otherwise applicable are satisfied. All other modifications are subject to review.at a public hearing. Any change, even those listed as potentially minor, may be escalated for review at the discretion of the Community Development Director. 8. Minor Modifications: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. 9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. 10. Water Efficient Landscape Standards: As a new construction project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available at: http://www.citvofcampbell.com/DocumentCenterNiew/176 or on the Planning Division's Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. Exhibit A - Conditions of Approval 804 Emory Avenue Site & Architectural Review (PLN2019-20 Page 3 of 8 b. The front yard landscaping shall include a combination of trees, shrubs, and cover spread throughout the yard. c. A completed Landscape Information Form. d. A note on the Cover Sheet in minimum 1/2" high lettering stating "Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval." 11.On-Site Lighting: On -site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 12. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. 13. Construction Activities: The applicant shall abide by the following requirements during construction: a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the 'issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive 'receptors such, as existing residences and businesses. f. ' Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. 14. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Exhibit A - Conditions of Approval 804 Emory Avenue Site & Architectural Review lPLN201 Page 4 of 8 Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. 15. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. Building Division: 16. Permits Required A building permit application shall be required for the proposed new single family dwelling structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 17. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 18. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 19. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 20. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 21. Site Plan: Application for building permit shall include a competent site plan that identifies property and ' proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Elevation bench marks shall be called out at all locations that are identified as "natural grade" and intended for use to determine the height of the proposed structure. 22. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations Exhibit A - Conditions of Approval 804 Emory Avenue Site & Architectural Review (PLN2019-20 Page 5of8 23. Special Inspections: When a special inspection is required by C.B.C. Chapter "17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.0 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Non -Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley Non -point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 25.Approvals Required: The project requires the following agency approval or consultation prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) . C. San Jose Water Company, (408) 279-7900 (Customer Service) d. School District: i) Campbell Union School District (378-3405) ii) Campbell Union High School District (371-0960) iii) Moreland School District (370-1370) iv) Cambrian School District (377-2103) e. Demolition Permit (Bay Area Air Quality District) (415) 749-5000 Note: To ' determine your district, contact the offices identified above. Obtain the .School District payment form from the City Building Division, after the Division has approved the building permit application. 26. California Green Building Code: This project is subject to the mandatory requirements for new residential structures (Chapter 4) under the California Green Building Code, 2016 edition. 27. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. 28.Automatic Fire Sprinkler Systems: This project shall comply with Section R313 of the California Residential Building Code 2016 edition, and be equipped with a complying Fire Sprinkler system. 29. Storm Water Requirements: Storm water run-off from impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. Exhibit A - Conditions of Approval Page 6 of 8 804 Emory Avenue . Site & Architectural Review (PLN2019-20) 30. Demolition Permit: This project requires a demolition permit. PUBLIC WORKS DEPARTMENT 31. Frontage Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. However, per the San Tomas Area Neighborhood Plan, this section of Emory Avenue has been designated to remain unimproved and as such the applicant will not be required to construct new curb, gutter or sidewalk. 32. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $929.00. 33. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution, Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start -at the Source ("Using Site Design Techniques") by BASMAA, 2003. 34. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right- of-way line. At time of Building Submittal, show the proposed water meter and sewer clean out on private property. The following conditions only apply if the applicant has a need to install / upgrade utility services (water, sewer, gas, etc.) in the street: a) Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, _gas, water, electric and all other utility work. b) Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall. submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall Exhibit A - Conditions of Approval Page 7 of 8 804 Emory Avenue Site & Architectural Review (PLN2019-20) clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. c) Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City's Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The- City's Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and. the enhanced restoration requirements. 35. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required pavement restoration installed and accepted by the City, and the design engineer shall submit as -built drawings to the City. 36.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development,' and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City: FIRE DEPARTMENT 37. Limited Review: Review of this development proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 38. Fire Sprinklers Required: In other than residential buildings which require the installation of fire sprinklers for all new. buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures:- NOTE: The owner(s), occupants) and any contractor(s) or ,subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is -required. 39. Water Supply Requirements: Potable water supplies shall be protected- from contamination caused by fire protection water supplies. It is the responsibility of the Exhibit A - Conditions of Approval Page 8 of 8 804 Emory Avenue Site & Architectural Review (PLN2019-20) applicant and any contractors and subcontractors to contact the .water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water - based fire. protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 40. Address identification: New and existing, buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall, be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means -shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 41. Construction Site Fire Safety: 'All construction sites must comply with applicable provisions of our Standard Detail and Specification SI-7 and Chapter 33 of the currently adopted edition of the California Fire Code. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. This must be submitted to, and approved by this. office prior to commencing any demolition/construction activities. 42. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition' to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]